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[Q] about a (2nd) draft of a license



Hi.

I have posted a 1st draft of a license for the next major version
of fdclone on 12th Oct.

Henning Makholm kindly commented on it, and I have discussed with
the author about his comment.

Now, here is a 2nd draft of the license. fdclone is a popular 
console-based file manager in Japan, and now distributed as one
of our non-free packages.

The author and me has been discussed about the current license of
fdclone 1.x; The author wish to release his software as "free" one,
because he likes "free" softwares. But he also wish to take care of
users of his software as much as possible, and wish to give some 
incentive for mass (not personal) distributors to contact him before 
starting to redistribute his software in order to prepare the question
from users of the (modified/redistributed) his software.

So the current license of his fdclone requires the contact to the author
before the redistribution of the binary unless that redistribution is
only personal (i.e. the recipient knows the re-distributor well and the 
re-distributor takes care of the recipient well).

  (He wrote me that he in fact does not forbid to redistribute the
   modified binary from his software, but he has hesitated to say
   so explicitly on official license because he feel that doing it
   encourages the redistribution without contact.)

Now he wish and try to make his license as DFSG compatible while keeping
his own requiremnt as much as possible.

So here is the 2nd draft for the license.  Please let me know if you 
find the DFSG incompatibility in this draft.

I'm not on this list, so please cc me when you comment on this.
Thanks.

 (I quote the verbal text.  Please let me know any typo also when
  you find it in this draft. I'll contact the author.)

 =====  =====  =====  =====  =====  =====  =====  =====  =====  ===== 

(NOTICE:
  The official licenses is writen in Japanese language. This
  version in English language is only a translation, and is
  NOT VALID LEGALLY.)

[LICENSES FOR FDCLONE]

(NOTICE:
 The official licenses is writen in Japanese language. This
 version in English language is only a translation, and is
 NOT VALID LEGALLY.)


<0.INTRO>

  This documentation is writen for licenses to use, modify,
duplicate, and distribute `FDclone'.

  `FDclone' is a free software, not to restrict users to any
use. This documentation says the detail based on each cases,
including author's wishful desire.


<1.DEFINITION>

  First of all, terms used in this documentation is defined
as following. In this documentation, these terms is used in
its specific meaning writen here, unless mentioned.

source
	A pack of the source program. Or, a package of what
	adding any documents or something else to them.

binary
	An executable binary gotten with compiling a pack of
	the source program. Or, a package of what adding any
	documents or something else to them.

distribution
	In a broad sense, to make a copy (if modified or not)
	of the source or the binary, and give out them to
	any persons. In a narrow sense, to give out them to
	the specific persons.

circulation
	A kind of distribution in a broad sense. To give out
	copies to the general public, widely in the public
	space.

first distribution, first circulation
	distribution (or circulation) at the author's own
	hand.

second distribution, second circulation
	distribution (or circulation) of the first distribu-
	tion or the first circulation at the hand of someone
	except the author. This counting repeats as the 3rd
	distribution (or the 3rd circulation), the 4th dist
	ribution (or the 4th circulation) like above.

re-distribution, re-circulation
	A general term for distribution (or circulation) af-
	ter the first one.

modification
	To make several change on the original source or bi-
	nary.

second use
	To use a part of the original source, by including
	it in the other softwares.


<2.RE-DISTRIBUTION>

  Re-distribution in a narrow sense of the source and binary
is permitted, if modified or not. You can do it freely in any
purpose, profit or not. Re-distribution after the second one
is as free as this.

  But, the author doesn't take any responsibilities for the
re-distrubuted package. If you want any guarantees to keep
original or to work normally, the re-distributor oneself will
needs to guarantee.


<3.RE-CIRCULATION>

  Re-circulation of the source and binary is permitted, if
modified or not. Like re-distribution in a narrow sense, you
can do it freely in any purpose.

  But, in order to take care of the re-circulated package as
possible, it is established the system to register circulation
for some kind of circulations. The author can't take any
responsibilities for the re-circulated package with no
registration, like the re-distributed one.
  The author takes care of the registered re-circulation as
same as the first circulation. If you don't need this, you
don't have to register circulation.

  When you circulate the re-circulation already registered,
and don't make any modifications on the package form and it's
contents against the registered re-circulation, the author
shall take care of it as same as that re-circulation.
  In the case of making some modifications on the package,
at the moment you've done, registration for distribution is
canceled. Then, the author doesn't take the responsibility,
unless circulation is registered again.

  But, if the second circulator adds some licenses on the
socond circulation with registration, the licenses for dist-
ribution after the second one follow them.
  If registered, the second circulator can freely set the
licenses for re-distribution after the second one, except
they break the licenses for the first circulation. So, if
you think to re-circulate the second circulation, you should
tell the second-circulator.
  As far as someone registers circulation, the author will
keep out of re-distribution after the second one.


<4.AUTHER'S RESPONSIBILITY>

  The author take care of the first distribution and the
registered re-circulation.
  Specifically, replying to questions and requests from the
users, changing the program if need, and guaranteeing that
the program never include the operation against specifica-
tions to work normally.
  If it doesn't work by according to specifications on each
documents, the author should accept changing.

  The author doesn't take any responsibilities for the re-
circulated packages with no registration, and can't reply to
questions nor requests from the users.
  If the contact from the users occurs, it is hoped that the
re-circulator accepts the contact and manages it with respon-
sibility.

  Yet, the author guarantee no warranty in the use of this
program, each users will use it at their own risk.


<5.RESISTER CIRCURATION OF THE SOURCE>

  The author take care of the circulation of the source, only
if the contents of its package have no modifications.
  The package which has some modifications on its contents,
in which the program source part has no modifications and its
modifications are only the additional documents or programs,
will be treated as same as no modifications.
  In these cases, the modification of the package form is
ignored, that is the modification of the archiving method or
the package name.

  When there is some modifications in the program source part,
or in the files who have effect on the executable binary, e.g.
`Makefile' etc., to register circuration of the source make
the author take care of it.
  You can register circuration according to the following.


<6.RESISTER CIRCULATION OF THE BINARY>

  The author doesn't take any responsibilities for the circu-
lation of the binary, if it is re-circulation with no regist-
ration. Even if it has no modification from the first circu-
lation, this applies too.
  If you want the guarantee from the author, you need to reg-
ister circulation according to the following, if modified or
not.

  It is suggested from the author that you will do register
circulation, because the circulation of the binary is espe-
cially dengerous.


<7.ADAPTATION OF PROGRAM>

  When a user makes some modifications partly on the program
and uses it, if it is treated as quite different from the
original program, it is regarded as the second use, not de-
pending on the volume of modifications.
  The modification which can not be regarded as the second
use follows above rule for re-distribution. On the other
hand, the second use can be treated freely as the products
of the second author.


<8.BROADCAST THROUGH BOOKS>

  It is regarded as re-circulation to broadcast through the
commercial book by the media, such as CD-ROM.
  If the auther's guarantee is needed, you should register
each circulation confirming whether it is the source or bi-
nary. It is treated as same as the other re-circulation.
  But, broadcasting the re-circulation already registered
doesn't need any registrations again, then you should follow
the licenses by the circulator who registered circulation.

  In case of not broadcasting but introducing as an article,
it has no need to register, because no guarantees nor respon-
sibilities can occur. No need to contact the auther.

  In the author's hope, it is preferable to contact or con-
tribute books if you broadcast or introduce.
  Especially in case of the article to introduce, if you show
a copy of the article in advance, the author will be able to
confirm whether it is suitable.
  Who intend to broadcast is be wantted to consider.


<9.PROTOCOL TO REGISTER CIRCULATION>

  If you want to register circulation, the following protocol
is authorized.

1. define the manager of circulation.
2. rewrite from `NULL' to the E-mail address of the manager
   of circulation, variable `distributor' in `version.h'.
   ex.:
   char *distributor = "shirai@nintendo.co.jp (Takashi SHIRAI)";
3. make the differential in modification from the package of
   the first circulation, including the additional files if
   exist.
4. make a circulation package.
5. run `make check' in the directory in which you extract the
   sources, to make the program named `checkid' (or CHECKID.EXE).
   run `./checkid NAME_OF_PACKAGE_FILE' and take notes of the
   displayed package ID.
6. send the registration letter to the author via E-mail, with
   the differential and the package ID, and with the environ-
   ments(OS, machine, etc.) in which the circulating executable
   binary works in case of circulation for the binary.
7. explain in the registration letter that you change the li-
   censes of re-circulation, if need.

  In the registration letter, you should better declare that
you register circulation of the source or register circulation
of the binary. You can register circulation of the source and
register circulation of the binary at once in the same regis-
tration letter.
  When you register circulation of the binary on more than one
environment with the same differential, listing each environ-
ments can regard one registration as the registrations for all
environments at once.

  If you are anxious about the operation in detail, please
tell the author before the registration.

 =====  =====  =====  =====  =====  =====  =====  =====  =====  ===== 

Thanks.
-- 
  Taketoshi Sano: <sano@debian.org>,<sano@debian.or.jp>,<kgh12351@nifty.ne.jp>



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